Tag archives: employment law

Licenciements collectifs : considérations pratiques pour les employeurs québécois

Dernièrement, dans le contexte de la COVID-19, certaines entreprises se sont vues contraintes de cesser temporairement ou de réduire substantiellement leurs activités, entraînant ainsi nombre de mises à pied. Alors que des économistes prévoient un ralentissement économique important en raison de la pandémie, les employeurs québécois peuvent légitimement se demander s’ils seront en mesure de … Continue reading

Les droits religieux et le port des équipements de protection

En cette période de pandémie, certains employeurs envisageront l’adoption d’une politique concernant l’utilisation des équipements de protection individuelle, tels que la blouse, les gants, le masque ou encore la protection faciale. L’adoption d’une telle politique peut, pour certaines personnes, avoir pour effet d’opposer leurs droits religieux et leur propre santé et sécurité ou celles des … Continue reading

Religious rights and wearing protective equipment

During this pandemic, certain employers will consider adopting a policy on using personal protective equipment, such as gowns, gloves, masks or even facial protection. For certain people, adopting such a policy may have the effect of encroaching on their religious rights and protecting their own health and safety or that of other workers. In such … Continue reading

End of the lockdown in France: what are the precautions for employers operating in France?

On 7 May, the French Prime Minister announced the date chosen for the start of the “de-confinement” phase for France, namely 11 May 2020. The lockdown, which started on 17 March, lasted almost 2 months during which some shops and businesses were closed, and the vast majority of companies operated on the basis of remote … Continue reading

US: California court addresses legality of unlimited or uncapped vacation policies

Recently, in McPherson v. EF Intercultural Foundation, Inc., the California Court of Appeals addressed the legality of unlimited or uncapped vacation policies under California law. Three exempt employees sued the company for payment of unused vacation time at termination, despite being subject to an unlimited paid time off policy, because they argued the policy was … Continue reading

La gestion des travailleurs qui refusent de travailler en raison de la pandémie au Québec

Le 28 avril dernier, le gouvernement du Québec a dévoilé son plan de relance de l’économie. Ce dernier prévoit notamment la réouverture des chantiers de construction et des entreprises manufacturières (avec restrictions) le 11 mai 2020. Cette réouverture, dans le contexte de la pandémie de la COVID-19, soulève la question suivante : un travailleur peut-il refuser … Continue reading

From Suits to Sweatpants: Employer’s Obligations to Employees Working From Home

Due to COVID-19, many employers have been thrown head-first into working-from-home (WFM) arrangements for some, if not all, of their workforce. It is important that employers ensure they are meeting their obligations in these circumstances, including occupational health & safety (OHS) responsibilities and business cost reimbursement, in order to avoid liability. Health & Safety In … Continue reading

Collective dismissal in the Netherlands

The Dutch government recently introduced the ’Employment Emergency fund ’ (Noodfonds Overbrugging Werkgelegenheid; NOW) and other measures to address the consequences of the COVID-19 outbreak. Pursuant to NOW, employers can submit an application for a substantial contribution towards labour costs. More information on NOW can be found [here]. Nevertheless, the COVID-19 outbreak may require employers … Continue reading

US: New COVID-19-related paid sick leave requirements for larger Los Angeles employers

Employers with either 500 or more employees within the City of Los Angeles, or who employ at least one employee in Los Angeles and have 2,000 or more employees within the US, must now provide supplemental paid sick leave for reasons related to the coronavirus pandemic for those employees performing work in the city. Notably, … Continue reading

Relaxation of German working time regulations due to COVID-19?

In an effort to fight the effects of the COVID-19 epidemic the Federal Ministry of Labour and Social Affairs (BMAS) is working on a bill to relax restrictions on working time in Germany. Specifically, longer working hours, shorter rest periods and the employment of workers on Sundays and public holidays for certain activities will temporarily … Continue reading

US: DOL issues guidance on coronavirus paid leave rule and clarifies coverage for stay-at-home orders

On April 1, 2020, the US Department of Labor (DOL) issued a temporary rule providing key guidance on paid leave under the Families First Coronavirus Response Act (FFCRA). The rule clarifies that employees covered under a federal, state or local stay–at-home order may be eligible for paid FFCRA leave but only if work or telework … Continue reading

Pandemic Q&As: Walking off the job, limitation periods, symptomatic employees and human rights considerations

In this blog post, we provide answers to the following four questions posed by Ontario employers: Can my employees walk off the job for fear of contracting COVID-19? Do I still need to meet my filing deadlines? One of my employees reported having COVID-19 after reporting to work for several days—what do I do? Is … Continue reading

US: Employer obligations for COVID-19 mandated remote work expenses (California and beyond)

To reduce the spread of COVID-19, many employers are requiring their employees to work remotely (either voluntarily or because several states, including California and New York, have imposed social distancing restrictions). The new work-from-home reality has implications for employers with workers employed in California and other states, as described in COVID-19: Working from home and … Continue reading

US DOL issues new guidance on COVID-19 paid sick and family leave

The US Department of Labor (DOL) issued guidance which answers a number of key questions on the new federal coronavirus paid sick leave and emergency Family and Medical Leave Act leave, including when the law takes effect, how to count employees for purposes of the 500-employee threshold, how to treat related employers and other key … Continue reading

France combats the pandemic

Since January 2020, Coronavirus COVID-19 has spread rapidly around the world, causing massive disruption to business and everyday life as well as thousands of deaths. The French Government has reacted in several stages. After issuing recommendations for barrier measures, it decided to close schools and more recently, it ordered the general confinement of French people … Continue reading

Comment faire face au Coronavirus en France?

Depuis le mois de janvier 2020, l’épidémie de Coronavirus COVID-19 s’est rapidement propagée à travers le monde, causant des milliers de décès. Le Gouvernement français a réagi en plusieurs temps : après avoir émis des recommandations en matière de gestes barrière, il a ensuite pris la décision de fermer écoles et établissements accueillant des enfants, puis … Continue reading

New York’s new coronavirus-related leave requirements

On Thursday, March 19, 2020, New York State enacted a law requiring that New York State employers provide job-protected time off (in some cases, paid time off) to employees who are affected by the novel coronavirus (COVID-19) in certain ways (the “NY COVID-19 Law”). The NY COVID-19 Law requires that, for each employee who is … Continue reading

US: New key COVID-19 employment and labor issues

COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) continues to stress US employers attempting to prevent the disease from spreading in their workplaces while continuing to operate effectively. With each passing day, health authorities provide more information about the spread of the disease and federal, state and local governments impose additional restrictions that impact … Continue reading

COVID-19 / Germany: Admissible measures and co-determination rights

The rapid spread of COVID-19 within Europe and the beginning of the pandemic have led many of our clients to consider how employees and, if necessary, customers can be protected against any further spread of the infection and which employment law related measures should they be taking. We have summarised and answered the main questions … Continue reading

United States federal coronavirus law requires some employers to provide paid leave

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which provides relief to families and workers facing the global coronavirus pandemic. The FFCRA provides: (1) free diagnostic testing for coronavirus; (2) food assistance to low-income pregnant women and mothers with young children, food banks, seniors and students; (3) … Continue reading

Germany: An Employer’s duties dealing with COVID-19 (Coronavirus) – Q&A

COVID-19 is spreading across the world and companies everywhere are faced with its challenges. In circumstances where a COVID-19 case impacts your German workplace we recommend close coordination with the public health authority on how to proceed. In doing so – especially against a possible liability for illness or even death – it will show … Continue reading
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